Life After FMLA

paulb

I'm curious to know about your policies regarding an ee who exhausts the 12 weeks, and is still not able to return to work. Termination of employment, accomodation, indefinite leave of absence? How do you manage such a case?

deniseE

It depends on your other policies. We offer an unpaid leave of absence that can continue for an additional 12 weeks... but once that's exhausted, we have no choice but to terminate.

We have specific qualifications for the additional time...and do require a doctor's certification.

paulb

Thank you deniseE. Wow 12 more weeks, we use to have a policy similar to that but it had the potential to tie up the position for at least that same period of time. Our policy now offers accommodation with a different job if they can't perform the full functions of the position they left when going on FMLA.

I'm lookin for more life out there people?

deniseE

We're fortunately large enough (in most departments) to absorb even a vital position for up to 24 weeks if we need to. It's in our interest, esp. if it is a valuable employee...we'd rather wait than re-train!!

We've had some situations, but overall...it sends a good message to the employees and gives them piece of mind so that they can focus on getting healthy enough to return to work.

paulb

Yes deniseE, I agree it most definitely sends a positive message to employees to grant more time off after FMLA. However, part of our problem may be related to our aging workforce where we are seeing more and more chronic kinds of illnesses that seem to take more recovery time.

SDDCHR

It depends if the event is an ADA qualifying event, if it's a Workers Comp issue, if the employee is expected to return soon after even though the 12 weeks are up, etc. Every situation has its own unique circumstance which we base our decision.

madison31401

After 12 weeks FML we allow employees another 12 weeks under Medical Leave of Absence. BUT this is w/o job protection. We do continue medical and other associated insurances at the normal employee rate. If at the end of the six months employee is still unable to return, we terminate (Unless California and on Worker's comp or the employee is covered under a union contract). Seems a long time for coverage, but so far it works for us.

HRinGA

I guess I'll be the odd one out. We terminate after the 12 weeks have exhausted plus 30 days.
Our short term disability runs concurrent with FML for only 12 weeks. So the additional 30 days is unpaid leave. We only grant it if the CHP states they can return within those 30 days. If it's an open-ended date, we move after the 12 weeks.

bsa

When an ee has exhausted his FMLA, I would verify that he doesn't have a disability that needs to be accomodated with additional unpaid leave.

The majority of our FMLA's have returned in 12 weeks. Only a few were terminated because their doctor said on their certification form that they were unable to perform any part of their jobs and stated that return to work was indefinite or never.

Our policy and practice is that we would allow personal LOA for no more than 30 days under any circumstances.